- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Feb 14 2013 (Date Decided)
- Mazzarelli, J.P., Acosta, Freedman, Richter, Gische, JJ.
9369. MEDICAL BUILDINGS ASSOCIATES, INC., plf-ap, v. ABNER PROPERTIES COMPANY, def-res — Sperber Denenberg & Kahan, P.C., New York (James C. Mantia of counsel), for ap — Belkin Burden Wenig & Goldman LLP, New York (Magda L. Cruz of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered August 3, 2012, which, to the extent appealed from as limited by the briefs, directed plaintiff-tenant to file an undertaking equal to three months rent as a condition to granting the tenant's for a Yellowstone injunction, unanimously modified, on the law, the facts and in the exercise of discretion, to reduce the undertaking to one month's rent, and otherwise affirmed, without costs.